>>"We will seek to change the statutory requirement for mandatory
destruction of records and substitute a more flexible and less
labor-intensive approach to meeting agency needs to keep some records
longer than their NARA-approved disposition authorities (retention
schedules) specify."<<

The approach that NARA is taking is fine for an organization that is
insulated by sovereign immunity.  It is a real problem for organizations
that are not.

It appears from the discussions that have taken place on the list for
the past several days that many have forgotten some of the key
requirements and reasons for a records retention program; Disposition in
the regular course of business and the impact of old, open for
interpretation, records.  Have we forgotten about directed verdicts and
adverse inference?   Piper Aircraft and their claim for having a
retention program?  How about the asbestos, silicone breast implants, or
Chevy truck gas tanks?  Maybe the following will be helpful:
http://library.findlaw.com/1993/Jan/1/129313.html

Especially in today's environment of short notes rather than well
thought out statements, retaining everything forever is a very dangerous
standard.  I challenge any organization to critically look at your
records and say that they would not be damaging if someone was to use
them 20, 30 or even 50 years from today.  A big part of our function is
to insure our organizations are protected from liability from old,
incomplete, and cryptic records.

Flexible retention guidelines and permanent retention "just because we
can" may be palatable to the feds, but not to anyone else.

Bill R

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance